Canada Says It Really is Final

The Supreme Court of Canada has calmed the nerves of thousands (millions?) of Canadian divorcees, ruling that when a spouse waives alimony in a divorce, there are (apparently) no circumstances that could allow that spouse to reopen the issue later to demand alimony.

The Ontario Court of Appeals had ruled earlier that the issue of alimony could be reopened after a waiver if there had been a “material change in circumstances” that would have caused the parties to reach a different result if they had known it was going to happen.

In the case of Miglin v. Miglin, File No. 28670 (Sup. Ct. Canada October 29, 2003), the Court overturned the Ontario Court of Appeals without significant discussion about its reasoning.

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